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Running The Extra Miles

Terms & Conditions and Privacy Policy

Last Modified: Sep. 28th, 2023

Acceptance of the Terms of Service

These terms of service are entered into by and between you and Running The Extra Miles (“Company,” “we,” or “us“). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Service”), govern your access to and use of www.runningtheextramiles.com (the “Website”) including any content, functionality, and services offered on or through the Website, whether as a guest or a registered user.

Please read the Terms of Service carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service, our Mobile Terms of Service, and our Privacy Policy, all of which are incorporated herein by reference. If you do not agree to these Terms of Service, our Mobile Terms of Service, and/or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users of any age. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company. If you desire to use this Website from a jurisdiction in which you are not of legal age to form a binding contract with the Company, then you must have a parent or guardian contact the Company in advance and provide written consent for you to use this Website before any such use.

 

Changes to the Terms of Service

We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding upon you.

 

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Website.

  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Service and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information under our Privacy Policy.

 

Terms of Sale

  • Fees and Payments:

    • You can subscribe to Running The Extra Miles services based on a monthly payment or singular payment.

    • Monthly payments: The fee is based on the subscription package chosen (including without limitation any add-ons), Payment is collected at the beginning of each monthly billing period (on the monthly renewal date). After payment, the account will have access to services included in the package for the entire month until the next billing period begins.

    • Renewal of services: Subscriptions automatically renew at the standard regular rate generally applicable at the time of the renewal (which may be different from the original subscription fees) using the payment method designated on the account, unless the account holder requests a change or chooses to cancel/terminate.

    • Refunds: No refunds will be granted.

    • Rejected Payments: An email notice will be sent to specified users on the account. There will be a grace period of 5 days to update the payment method and complete payment. After the grace period, services provided under the subscription will be paused until payment is provided. If the account holder fails to pay fess when they are due, all overdue fees shall accrue interest at the rate of 10% per annum, or at the highest legal interest rate, if less, and the account holder shall reimburse us for all expenses (including reasonable attorneys’ fees subject to applicable law) incurred by us related to collecting any amount that is not paid when due.

Payment processing services for our services are provided by Wix Payments and their respective affiliates or other payment processing services providers as we may choose from time to time (collectively referred to herein as the “Payment Processing Service Provider” ). You hereby authorize us to share with the Payment Processing Services Provider the financial information, banking details, transaction information and account information provided by you and/or related to your use of our services as is reasonably required for the provision of the payment processing features contemplated by our services. You also agree that we are not responsible or liable for the use or misuse of such financial information, banking details, transaction information and account information by the Payment Processing Services Provider or any third party.

Payment of Fees to Running The Extra Miles

    1. You acknowledge and agree that:

    2. UNTIL THE SERVICE IS PROPERLY TERMINATED BY YOU OR US IN ACCORDANCE WITH YOUR AGREEMENT WITH US, YOU SHALL TIMELY PAY US ALL FEES, COSTS AND EXPENSES WHICH YOU HAVE AGREED TO PAY (“FEES”).

    3. THE FEES SHALL BE PAID BY CREDIT CARD OR IN ANOTHER FORM OF IMMEDIATELY AVAILABLE FUNDS ACCEPTABLE TO US, ACTING REASONABLY, AND IF YOU PROVIDE YOUR CREDIT CARD DETAILS THROUGH THE SERVICES OR OTHERWISE, YOU AGREE TO US AND OUR PAYMENT PROCESSING PROVIDER CHARGING THE FEES TO YOUR CREDIT CARD WITHOUT REQUIRING ANY FURTHER NOTICE TO, OR CONSENT FROM, YOU, AND YOU FURTHERMORE REPRESENT AND WARRANT THAT SUCH FEE PAYMENTS SHALL BE MADE WHEN DUE.

    4. If you fail to pay Fees when due, we shall be entitled to pausing your subscription until you have paid your Fees in full.

    5. You shall be responsible for any and all currency conversion charges as well as sales, service, value-added, use, excise, consumption and any other taxes, duties and charges of any kind, if any, imposed by any federal, provincial or local governmental entity on any Fees other than any taxes imposed on, or with respect to, our income.

    6. NOTWITHSTANDING ANY OTHER TERM OF THE TERMS OF SERVICE, WE SHALL BE ENTITLED TO AMEND THE FEE SCHEDULE FROM TIME TO TIME, BY GIVING YOU THIRTY (30) DAYS WRITTEN NOTICE OF SUCH AMENDMENT, WHICH NOTICE SHALL AMEND THE FEE SCHEDULE ACCORDINGLY, AND SHALL BE BINDING ON YOU, AS OF YOUR NEXT MONTHLY OR ANNUAL BILLING CYCLE, AS APPLICABLE (the “Amended Fee Schedule”).

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

User, trainer and partner supplied content, and associated IPR are owned by them. Running The Extra Miles not own or have IPR rights/liability to any such user, trainer and partner supplied content.

These Terms of Service permit you to use the Website for your personal, non-commercial use only. Your access to the services provided on the Website (and if applicable the mobile application) is subject to your compliance with all of the terms and conditions set forth herein and incorporated herein by reference.  You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

  • You may store files that are automatically cached by your Web browser for display enhancement purposes.

  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from this site.

  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Service, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.

 

Trademarks

The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

 

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

  • In any way that violates our Privacy Policy.

  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards in these Terms of Service.

  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.

  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent.

  • Use any device, software, or routine that interferes with the proper working of the Website.

  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.

  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

  • Otherwise attempt to interfere with the proper working of the Website.

 

User Contributions

The Website contains forums, bulletin boards, videos, and a variety of other interactive features (collectively, “Interactive Services“) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post“) content or materials (collectively, “User Contributions“) on or through the Website.

All User Contributions must comply with the Content Standards set out in these Terms of Service.

Other than personally identifiable information which is protected by our Privacy Policy or intellectual property owned by trainers, any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.

  • All of your User Contributions do and will comply with these Terms of Service.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.

Notwithstanding anything to the contrary, you grant us permission to use your otherwise personally identifiable information in de-identified form.

Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Service, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.

  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Service.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

 

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service and our Privacy Policy.

  • Be likely to deceive any person.

  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.

  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

 

Copyright Infringement

If you believe that any User Contributions violate your copyright, please notify us at runningtheextramiles@gmail.com and sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.

 

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

 

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions we take with respect to your information under our Privacy Policy.

 

Online Purchases and Other Terms and Conditions

All purchases through our site or other transactions for the sale of services through the Website, or resulting from visits made by you, are governed by these Terms of Service.

Additional terms and conditions may also apply to specific portions, services, or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Service.

 

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

This Website may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Website.

  • Send emails or other communications with certain content, or links to certain content, on this Website.

  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.

  • Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.

  • Link to any part of the Website other than the homepage.

  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Service.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Service.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

 

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

Geographic Restrictions

The owner of the Website is based in the State of Connecticut in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws, including but not limited to laws related to data protection and personal information.

 

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, TIMELINESS, USEFULNESS, COMPLETENESS, ADEQUACY, SUITABILITY, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR ANY SERVICES OBTAINED THROUGH THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY IN THE LAST SIX MONTHS FOR THE APPLICABLE SERVICE OUT OF WHICH LIABILITY AROSE OR $50, WHICHEVER IS GREATER.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Service, or your use of any information obtained from the Website.

Physical Therapy Disclaimer

All information contained on, or accessible through, this website is provided to you on an “as is” basis.  Running The Extra Miles does not warrant that it is accurate, complete, current, or reliable.  To the fullest extent permitted by law, we disclaims all warranties, either express or implied, statutory or otherwise.  Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.

 

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Connecticut without giving effect to any choice or conflict of law provision or rule (whether of the State of Connecticut or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted exclusively in a federal or state court located in the State of Connecticut, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect. 

Entire Agreement

The Terms of Service, our Privacy Policy, our Copyright Policy, and any other Company written policies constitute the sole and entire agreement between you and the Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Privacy Policy

Introduction

  • Running The Extra Miles provide research-based recommendations and advice using a Doctor of Physical Therapy degree and run and strength coaching to better runners, active adults, and athletes experience and lifestyle. We provide health and fitness coaching and Physical Therapy, whether in person or online.

  • Services include workout and nutrition planning, content scheduling and sharing, messaging (email, SMS), logging personal health records, payment services, and providing tools to help businesses collaborate, get analytics, and grow their business.  

  • This Privacy Policy shall only apply in the limited circumstances where we are a controller (as described below).

The Privacy Policy applies to both Physical Therapists and clients, but it is important to distinguish the two as Running The Extra Miles personal information obligations differ, depending on whether you are a Physical Therapist or a Client.

Personal Information We Collectt

We collect personal information to operate effectively and provide you with the best experience with our services.  You provide some of this information directly, such as when you make a purchase or contact us for support.  We get some of your information, such as your IP address, by recording how you interact with our Sites. 

We may receive and collect certain personal information automatically, as outlined elsewhere in this Policy, and including analytics regarding our Sites, information your Internet browser automatically sends when you visit our Sites, and information collected by cookies and web beacons.  We may collect personal information that can identify you such as your name and email address, and other information that does not identify you.  

 

Information Provided by You

We ask for and may collect personal information about you such as your name, address, e-mail address, birth date and telephone number.  We also may request information about your interests and activities, your gender and age, and other demographic information.  

The most common of these circumstances where you would provide personal information include the following:

  •  Using Our Sites:  Our Sites  may provide you with the ability to enter (either directly, or by authorizing us to access the information from a third party such as a social networking site or application) certain information you may submit to us to help us provide or tailor our services to you.

  •  Contacting Us:  When you contact us – for example, to request information or make an appointment – we may ask you to provide, or confirm, personal information so that we can better serve you.

  •  Interacting with social networking sites:  Our Sites may provide you with the ability to enter (directly, or by authorizing us to download the information from a third party such as a social networking site or application) personal information such as contacts or lists of friends. These or related applications may also allow you to provide information directly to social networking sites including information about your purchases, physical location, or comments. If you sign up to receive promotional communications or notifications from us, we may ask you to provide personal information so that we can provide these to you.

 

Information that We Collect From You On Our Sites

We also may use various technologies to collect information from your computer or device and about your activities on our Sites.

  • Information collected automatically.  We may automatically collect information from you when you visit our Sites.  This information may include your IP address, your browser type and language, access times, the content of any undeleted cookies that your browser previously accepted from us, referring or exit website address, internet service provider, date/time stamp, operating system, locale and language preferences, and system configuration information.

  •  Cookies.  When you visit our Sites, we may assign your computer one or more cookies to facilitate access to our site and to personalize your online experience. Through the use of a cookie, we also may automatically collect information about your online activity on our site, such as the web pages you visit, the links you click, and the searches you conduct on our site. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline cookies please note that you may not be able to sign in or use some of the interactive features offered on our Sites. A cookie is a small text file that is stored on a user's computer for record keeping purposes. Cookies can be either session cookies or persistent cookies. A session cookie expires when you close your browser and is used to make it easier for you to navigate our Sites. A persistent cookie remains on your hard drive for an extended period of time.  For example, when you sign in to our Sites, we will record your user or member ID, which is your email address, and the name on your user or member account in the cookie file on your computer.  We store your unique member ID in a cookie for automatic sign-in.  This cookie is removed when you sign-out.  For security purposes, we will encrypt the unique member ID and any other user or member account-related data that we store in such cookies. In the case of sites and services that do not use a user or member ID, the cookie will contain a unique identifier.  We may allow our authorized service providers to serve cookies from our website to allow them to assist us in various activities, such as doing analysis and research on the effectiveness of our site, content and advertising. You may delete or decline cookies by changing your browser settings (click "Help" in the toolbar of most browsers for instructions).  If you do so, some of the features and services of our Sites may not function properly.

  •  Other technologies. We may use common Internet technology, such as web beacons and other similar technologies, to track your use of our Sites. We also may include web beacons in promotional e-mail messages or newsletters to determine whether messages have been opened and acted upon.  The information we obtain in this manner enables us to customize the services we offer our Sites visitors to deliver targeted advertisements and to measure the overall effectiveness of our online advertising, content, programming or other activities.  Web beacons (also known as clear gifs, pixel tags or web bugs) are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users or to access cookies.  Unlike cookies, which are stored on the user's computer hard drive, web beacons are embedded invisibly on the web pages (or in email) and are about the size of the period at the end of this sentence. Web beacons may be used to deliver or communicate with cookies, to count users who have visited certain pages and to understand usage patterns.  We also may receive an anonymous identification number if you come to our site from an online advertisement displayed on a third-party website.

 

Business Purpose for Collection of Personal Information

 Our business purpose for collecting the Personal Information is to ensure the optimal functioning of the Sites, to facilitate our performance of services for our users, and to contact users concerning our services.

 
How We Use Personal Information

We use the personal information we collect for a variety of purposes.  The legal basis for our Processing of personal information will depend on the specific context in which we collect it.  We will retain personal information for as long as it is needed.

 

General Uses

 We may use information that we collect about you to:

  • deliver services that you have requested;

  • manage your account and provide you with customer support;

  •  perform research and analysis about your use of, or interest in, our services, or content, or products, services or content offered by others;

  • communicate with you by e-mail, postal mail, telephone and/or mobile devices about products or services that may be relevant to you

  •   develop and display content tailored to your interests on our site;

  •   enforce our terms and conditions;

  •   manage our business and perform functions as otherwise described to you at the time of collection; and/or

  • for legal compliance purposes.

 

How Long We Retain Your Personal Information

 We will retain your personal information for as long as is needed to fulfill the purposes set forth in this Policy, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements). 

 
Sharing of Personal Information

We share your personal information as necessary to provide the services you request, including sharing information with third party service providers; when required by law; to protect rights and safety, and with your consent.  We do not sell your personal information.

We may share personal information with:

  •  Authorized service providers:  We may share your personal information with our authorized service providers that perform certain services on our behalf. These services may include fulfilling orders, processing credit card payments, delivering packages, providing customer service and marketing assistance, performing business and sales analysis, supporting our Sites’ functionality, and supporting contests, promotions, sweepstakes, surveys and other features offered through our Sites. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purposes.

  •  Other situations:  We also may disclose your information:

    •  In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us;

    • When we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our terms and conditions or other agreements or policies:

      • In connection with a substantial corporate transaction, such as the sales of our business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy; or

      • When you provide us with your consent to share your information with third parties

 Third-Party Privacy Policies:  Any third parties to whom we may disclose personal information may have their own prvacy policies which describe how they use and disclose personal information. Those policies will govern use, handling and disclosure of your personal information once we have shared it with those third parties as described in this Policy. If you want to learn more about their privacy practices, we encourage you to visit the websites of those third parties. These entities or their servers may be located either inside or outside the United States.

Aggregated and Non-personal Information:  We may share aggregated and non-personal information we collect under any of the circumstances set forth in this Policy.  We may also share it with third parties to develop and deliver targeted advertising on our Sites and on websites and apps of third parties.  We may combine non-personal information we collect with additional non-personal information collected from other sources.  We also may share aggregated information with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis.  For example, we may tell our advertisers the number of visitors to our Sites and the most popular features or services accessed.  This information does not contain any personal information and may be used to develop website content and services that we hope you and other users will find of interest and to target content and advertising.

 

Your Privacy Rights

How You Can Access Your Information

If you have a Member account with us, you have the ability to review and update certain personal information associated with your account online by logging into your account.  You can also review and update your personal information by contacting us.  More information about how to contact us is provided below.

Your Choices About Collection and Use of Your Information 

You can choose not to provide us with certain information, but that may result in you being unable to use certain features of our Sites because such information may be required in order for you to register as a member; purchase products or services; participate in a survey; ask a question; or initiate other transactions on our Sites.

Opt-Out

At any time you can choose to no longer receive commercial or promotional emails or newsletters from us by modifying your email preferences by selecting the "Opt-Out" link found in the footer of the communication or on our Sites 

and following the instructions or contacting us at runningtheextramiles@gmail.com with the word “unsubscribe” in the email subject line.  When you register as a Member on our Sites, you will be given a choice as to whether you want to receive e-mail messages about special offers and deals related to your interest. You may modify your choice at any time by using the “Opt-Out” link as described above.

You also will be given the opportunity, in any commercial e-mail that we send to you, to opt out of receiving such messages in the future. It may take up to thirty (30) days for us to process an opt-out request. We may send you other types of transactional and relationship e-mail communications, such as service announcements, administrative notices, and surveys, without offering you the opportunity to opt out of receiving them. Please note that changing information in your account, or otherwise opting out of receipt of promotional email communications will only affect future activities or communications from us. If we have already provided your information to a third party before you have changed your preferences or updated your information, you may have to change your preferences directly with that third party.

Even if you opt-out of receiving promotional communications, you may continue to receive emails and notifications relating to order confirmations, back order notifications, membership information, and/or other business-related communications.

Children’s Personal Information

We do not knowingly collect personal information from children under the age of 13.  If you are under the age of 13, please do not submit any personal information through our Sites or services.  We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce this Policy.

 

Other Important Information

Below, you will find additional privacy information you may find important.

Security

The security of your personal information is important to us.  We follow generally accepted standards (including by taking physical, electronic and procedural measures) to protect the personal information provided to us. 

While we are focused on the security of your personal information and follow strict standards, processes and procedures that are designed to protect your personal information, you must remember that the Internet is a global communications vehicle open to threats, viruses and intrusions from others and so we cannot promise, and you should not expect, that we will be able to protect your personal information at all times and in all circumstances.

Users should also take care with how they handle and disclose their personal information and should avoid sending personal information through insecure email.  Please refer to the Federal Trade Commission's website at http://www.ftc.gov for information about how to protect yourself against identity theft.

 

No Rights of Third Parties

This Policy does not create rights enforceable by third parties.

 

Changes to this Policy

We will occasionally update this Policy to reflect material changes in our privacy practices.  If we make any material changes in the way we collect, use, and/or share your personal information, we will notify you by posting the modified Policy on our Sites and indicating at the top of the Policy the date it was last updated.  We may also notify you by sending you an e-mail.  We encourage you to review the Policy each time you visit our Sites, to see if this Policy has been updated since your last visit to make sure you understand how your personal information will be processed.

 
Contact Us

If you have any questions about this Policy or our privacy practices, please contact us by e-mail or postal mail as follows:

runningtheextramiles@gmail.com

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